In a court case involving grain company South-West Terminal (SWT)and farming corporation Achter Land & Cattle Ltd. (ALC), the question of whether a thumbs-up emoji is considered a signature was put to the test. SWT sought to purchase several tons of flax at a price of $17 per bushel. The contract with ALC was initiated through a series of text messages, culminating in a photo of the contract being sent to Chris Achter, owner of ALC, who responded with a thumbs up emoji. SWT claimed that this emoji signified acceptance of the contract, while ALC contented it was merely an acknowledgement of receipt. The primary legal issue was whether the thumbs-up emoji constituted a valid acceptance of the contract under Canadian contract law. The court focused on whether a reasonable person would interpret the emoji as an intention to be bound by the contract, concluding that the thumbs-up emoji did, indeed, represent acceptance of the contract. The court awarded damages to SWT for ALC’s failure to deliver the flax as agreed. So, beware when you use the thumb’s up emoji……….you could be legally bound by it…….if, of course, you live in Canada.
